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Gurman
#1 Posted : Monday, November 2, 2009 7:26:11 PM(UTC)
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Is converting B1 status to H1B possible? Somebody told me it's possible but is it safe? Would there be a risk in the future when I need to face the US consulate in our country?
I already have a couple of H1 stampings in my passport and all of them expired already. I am now issued a multiple entry B1 visa.

What happens to my existing B1 visa?
How long would it take to convert B1 to H1B in bot the premium and normal process?
Becka
#2 Posted : Tuesday, November 3, 2009 5:48:29 PM(UTC)
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i think my acquaintance is in a similar situation. She is on B1 visa which will expire in the next 3 weeks. She is being employed by an employer and they are willing to process her H1 visa for her. There's a catch though: that the company who sponsored her B1 is after her that she return and informed the INS- per her company as it appears - of her overstay (as she was to return 2 weeks ago).
Will this get in the way of her right in securing employment with another employer who's willing to process her H1 visa and can afford her employment?
Can another company hamper the appointment of an employee, or by informing INS- does it in anyway become a hindrance in obtaining an H1 status?
Terence
#3 Posted : Tuesday, November 3, 2009 5:58:31 PM(UTC)
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My H1 hit the 6 year limit last June, so I left the US.I got several advices from "experts" that it wasn't advisable to apply for a B1 so soon, and that there's a big chance of being denied of any non immigrant visa for a while because I spent 6 years in the US, my parents are residents, etc. It all turned out to be crap and I had 5 miserable month because I listened.

The company I worked for was kind enough to let me do my job via phone and internet-- and was under a contract. Last December, I went to the US consulate and asked for a B1 to spend Christmas with my parents. I got the visa without any hassle-- I even forgot to take a bank statement in my anxiety, and mentioned that my parents are US residents. The guy looked at my contract and old H1/F1 visa. He gave me just a year of B1 visa though, rather than 5 or 10 years that most people get.

I entered the US in december and received the usual 6 month stay. Between the new H1 extension law and Premium Processing, I got my H1 extension in 10 days! Too bad the expert company lawyer applied for the isa on the assumption that I was not in the US so I had to go back home to change status. It went without hassle- despite expert warnings about the reluctance of consulates to process third parties. I now have a 1 year H1 visa, re entered the US-- LIFE IS BACK TO NORMAL.

It was a great learning experience. A few people gave accurate information or engouraging advice. It wasn't fun dismantling a home and leaving with a slim prospet of return. But, I need to say this--- the INS people on the phone and at the border, and the DOS people who issued the visas did not act in the way the experts predicted, they were reasonable, informative and polite.

HTH.
Kacie
#4 Posted : Tuesday, November 3, 2009 6:04:44 PM(UTC)
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It is permitted to change from one status to another while in the US but it is not advisable.

When someone enters the US for a short visit (b1, b2) and then tried to change it to a longer term visa (L1, H1, etc), the INS may not agree to it(and may not grant it)--- the consulates will most likely frown upon it.
I recommend that in cases like this, changes should be avoided. If the change already happened, it can be very difficult to procure a visa when you need to travel abroad.

April 2002-- INS changed regulations regarding B to F1 or M1 (student) status conversion for people who enter the US.
Kachaundra
#5 Posted : Tuesday, November 3, 2009 6:34:57 PM(UTC)
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I entered the US in June with a B1 tourist visa. I was given a 6 month stay on my I-94 that will expire in December.

I found a company that will file formy H1B, I know that processing time for H1 approval will take at least 3-4 months or more, it will be issued way beyond the expiration under my I94.

I am considering filing an extension of my stay through an I539 form but my friend told me that assuming I file the I129 (H1 petition) before the expiration of my I94, I would not be out of status even if the approval for the H1 is issued after December (when my I94 expires). The company is not willing to spend extra for premium processing.
Humpz
#6 Posted : Friday, November 6, 2009 10:16:24 AM(UTC)
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I'm on a B1 visa which will expire in 4 months. My company applied for H1, If I get approval for H1 before B1 expires, Can I stay until October or If I get a reply for my H1 after my B1 expires, Can I stay until I get a decision for my H1?
Kim
#7 Posted : Sunday, November 8, 2009 12:30:42 PM(UTC)
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I wish to share my experience, i think it might help you and other people as well.
I went to school in the US and worked here for 2 years then I went back to Hong Kong for a year and a half.
I came back with B1/B2 on Nov 2006, I was able to get a job and got my H1 on Aug 2007.
I got my labor cert June 2008, filed for I-140 and I-485 on Aug 2008.
I got married in Hong Kong in Dec 2008, my wife applied H4 on Jan 5,2009 in Hong Kong without incident. My wife arrived here in the US Jan 18, 2009.
Once she got here, we submitted paper for her I-485.
Feb 21, 2009, we went back home for emergency, that was for 2 weeks. Meanwhile our lawyer submitted her I-485 and other papers.
We came back here to the US on Mar 8, no incident for both.
I got my I-140 approved on Mar 17, I-485.
Wife got her FP done on Mar 29.
We are still waiting for the I-485,but we did not have any serious problems so far.
Let me know if you have any questions.
Jed
#8 Posted : Sunday, November 8, 2009 3:36:14 PM(UTC)
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Hi. I am in the same situation.

I came to the USA last month on B1/B2 multiple entry visa thru company on project training sessions. Myy B2/B2 is valid until Oct 2010. In the meantime, my employer filed for my H1 and it was approved on Oct 2, 2009. I am most likely to get the approval papers by Dec 2009.

Can I directly change the status of B1 to H1 by going out of USA through Mexico? Get H1 stamping there and enter into the USA or do I need to go to India?

what is the best process to follow?

Thanks and I will wait for your responses.
Guest
#9 Posted : Friday, January 11, 2013 1:50:24 AM(UTC)
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Hi,

I am facing similar situation now.I am currently in Pune,India.I am holding a US Business Visa valid till 2017.I have visited couple of times earlier with MY b1 VISA.


Now I found a company in US,who is willing to hire me as their employee in US.But we doN't have much time.So I am trying to find out

1). If I can first travel to US on my existing B1 visa and start working there and then apply for change of status(from B1 to L1/H1) after reaching US ?

2). Suppose if i get approval for change of status while in US,do I need to come back to India again for H1/L1 stamping ?


3). Did anyone here has experience in changing the status from B1 to H1 while staying in US ?


Request you to please respond as I am dying to find this out,


Thanks,
Abhay Joshi
Guest
#10 Posted : Monday, April 1, 2013 11:25:21 PM(UTC)
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I am also facing similar problem. Please any one help me out from this situation.For f1 or H1 stamping I need to go India immediately.Looking forward for your reply.
Guest
#11 Posted : Wednesday, April 3, 2013 3:12:29 AM(UTC)
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I got the B1 visa to enter USA, I want to change to H1 or green card when I reach USA, so plz anyone could give me any optionts to the situations !
thanks all !
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